Lauren Sutherland QC

Year of Call: 1996 Silk: 2016

The most specialised claimant clinical negligence advocate in Scotland.

Clinical Negligence, Chambers & Partners

Lauren Sutherland QC called to the bar in 1996 and took silk in 2016. Prior to calling to the Bar she was a Solicitor in private practice specialising in Personal Injury and Medical Negligence work. As a Solicitor she worked for both claimants and defending claims. Since calling to the Bar she has specialised in Clinical and Professional Negligence, Fatal Accident Inquiries, Personal Injury and Human Rights issues in Medical Law.

Experience

Lauren Sutherland QC has advocacy experience gained over nearly 30 years both as a Solicitor in private practice and at the Bar. She has considerable experience in catastrophic injury cases and has a particular interest and expertise in cerebral palsy, cancer and brain injury cases. As a Solicitor she gained experience in the area of nursing practice and this continued when she called to the bar and she had responsibility to oversee the nursing section in the Vale of Leven Public Inquiry. She has also considerable experience in the area of Solicitors professional negligence.

She is currently ranked in Chambers UK and the Legal 500 (Band 1) for Clinical Negligence. She has consistently been ranked band 1 for Clinical Negligence.

Chambers UK have said:
“She has an apparently inexhaustible energy to prepare and argue some of the most ground-breaking cases”, “A highly regarded and experienced advocate recognised for her personal injury and medical negligence experience”

In the 2016 edition she is described as “Deeply knowledgeable in medical negligence matters. I don’t think you could find a more committed advocate to medical negligence cases.” “She’s a real leader in this field; the most specialised claimant clinical negligence advocate in Scotland“.

In 2017 Chambers say of her “Her knowledge of the legal and medical aspects of the cases she handles is phenomenal” “Absolutely superb at medical negligence cases. She goes the extra mile to understand the expert knowledge.”

Lauren was junior counsel in the landmark case on Consent to medical treatment – Montgomery v Lanarkshire Health Board [2015] UKSC 11. She presented the first argument for the claimant in the Scottish Inner House and was part of the team who conducted the case in the UK Supreme Court. This case was instrumental in changing the approach to consent in the UK and has been described as one of the most significant clinical negligence cases in recent years. Lauren has published a book on Consent post Montgomery available on Amazon (see Law Brief Publishing for details).

Lauren has been involved in a number of high profile Fatal Accident Inquiries, the Nimrod litigation and is currently involved in the Product litigation involving the use of TVT and mesh in gynaecological procedures and orthopaedic product litigation.

She was appointed by the Scottish Government as junior counsel to the Vale of Leven Hospital Inquiry in October 2009. The Inquiry had a wide remit to review deaths from C difficile infection. Her involvement required extensive knowledge of care of the elderly, nursing and medical practice, and infection control in hospital.

She was invited to participate in the review panel Chaired by Professor S McLean on the issue of introduction of no fault compensation in Scotland.

Medical/Clinical Negligence Law

Montgomery v Lanarkshire Health Board [2015] UKSC11
Landmark case on consent to medical treatment in front of 7 judge bench at UKSC. Cerebral palsy case involving diabetic mother with large baby who was not advised of the risks of mechanical problems in labour or shoulder dystocia. Shoulder dystocia occurred during delivery and the child was born with cerebral palsy and a brachial plexus injury. Inner House decision [2013] CSIH 3; 2013 SC 245

Coyle v Lanarkshire Health Board (Inner House)
Appeal by the Health Board against the decision of Lord Tyre in the first instance. Appeal related to the question of whether he correctly interpreted the evidence in relation to the timing of delivery. The appeal was unsuccessful.

Ryan Coyle v Lanarkshire Health Board [2013]CSOH 167
Cerebral palsy case involving delay in delivery of child. The case involved allegations of obstetric and midwifery negligence. Was one of the few cerebral palsy cases that have proceeded successfully to proof.

Evelyn Telfer on behalf of Mirren Telfer v The Royal Infirmary of Edinburgh NHS Trust
Cerebral palsy case proceeded to proof on all issues but settled after a week of evidence following admission of fault.

Marika Komori v Tayside Health Board [2010] CSOH 30
Case involving an injury sustained following an arterial blood sample Sought recovery of all documentation held by the Health Board in relation to the complaint made by the claimant

Brenda Louise Rennie v Lothian Health Board [2010] CSOH 61
This was a cerebral palsy case which considered the issues of delay and mora in the context of litigation.

Greenhorn v South Glasgow University Hospitals NHS Trust [2008] CSOH 128
The claimant suffered nerve damage following a colposuspension procedure. Considered the issue of res ipsa in the context of clinical negligence

Hepburn v Royal Alexandra Hospital and Another [2008] CSOH 81
Argument in the Outer House relating to delay in progress of litigation in the context of a clinical negligence claim

J.S. v Lothian Health Board 2009 SLT 689
This case related to a failure in testing for cystic fibrosis. The case considered the important issue of the non delegable duties of Health Boards in terms of matters such as test results

Rosemary Lenton v Ayrshire and Arran Health Board
Involving a knee replacement surgery without prophylactic antibiotics which resulted in gross destruction of the knee with the result the claimant was wheelchair bound. Issues of orthopaedic negligence.

Learmont v Dr Vernon
Action against a GP following the death of a young woman with meningitis. Difficult issues related to causation and whether the death could have been avoided had she been referred to hospital at an earlier date

Zoe Campbell v Highland Health Board
Cerebral palsy case involving a breach delivery which proceeded to proof on all issues and then settled after evidence.

Eric Robertson v Forth Valley Health Board (Extra Division)
Full evidential appeal before the Extra Division which settled after a number of weeks of hearing

Christopher Muir and Others v Grampian Health Board Lord Abernethy CSOH 17/3/2000
Fatal case following the death of a woman as a result of a heart attack. Issues of whether she should have been recognised as at risk of cardiac problems and whether she should have been discharged from hospital. One of the first cases to raise the issue of whether pursuer’s should lead in evidence the doctor’s being blamed.

Richard Adamson v Lanarkshire Health Board
Medical Negligence jury trial. A young boy had a selling in his testicle and this was removed without testing on the assumption that the swelling was cancerous. Subsequently confirmed to be a blood clot. One of the few medical negligence cases that has proceeded to jury trial.

Vale of Leven Hospital Inquiry
This was set up by Scottish Government and Chaired by Lord McLean to investigate deaths at the Vale of Leven Hospital as a result of C difficile infection. She was appointed as the Junior Counsel to the Inquiry which lasted over 3 years and published in November 2014. The Inquiry had a wide ranging remit to review issues of nursing practice, medical practice, tissue viability, nurtition in the elderly, infection control and clinical governance.

Inquiry related to the Glasgow Airport Rail link
Junior Counsel instructed in the planning Inquiry related to the Glasgow Airport Rail link. This was a proposed rail link between Glasgow Central Station and Glasgow Airport

Inquiry into the death of Debra Law
(represented the family) Related to the death of a young woman following the administration of an anaesthetic by a junior doctor and required a detailed knowledge of anaesthetics and the technique for rapid sequence induction

Inquiry into the death of Linda Gibson
(represented the family) Related to the death of a young woman following coning of her brain. This was a lengthy Inquiry with complex medical evidence in relation to epilepsy, neurology, infection and the mechanism of brain swelling together with the interaction of drugs on this process

Inquiry into the death of Stephen Miller
(represented the family) Related to the death of a young boy following a massive pulmonary thromboembolism and involved complex issues in relation to haematology, the mechanism of clotting and the interaction of drugs on this process

Inquiry into the death of Simon Dolan
(represented the family. Related to the death of a child with Cornelia de Lang Syndrome where there was malplacement of a feeding tube. Paediatric issues and nursing negligence

Inquiry into the death of George Fairlie
(represented the family) Related to the death of an elderly man in a Care Home. This lasted nearly 9 weeks in Paisley Sheriff Court. The case had a number of complex medical issues relating to dementia, pressure damage, vascular issues and diabetes and medical care of the elderly. In addition issues in relation to Social Work Care and the workings of the Care Commission

Inquiry into the death of Lorraine McGalliard
(represented the family). Related to the death of a young girl following an undiagnosed torted ovarian cyst. Gynaecological and surgical negligence

Administrative Law (including judicial review)

Petition of Laureen Joan Fargie [2008] CSOH 117
Petition for review of the eligibility criterion of the Skipton Fund which restricted payment to representatives of persons who died having been infected with Hepatitis C as a result of infected blood products or tissue from the NHS.

Petition for Judicial Review of Fairlie
Judicial Review in relation to the administration of the Skipton Fund in relation to compensation payments for Hepatitis C

Petition for Judicial Review of Hayleigh Reynolds
Judicial Review in relation failure to provide drug treatment to a young girl

Petition Cameron Fyfe v The Council of the Law Society and Others (Inner House) 2017 CSIH 6

Secretary of the Advocates Professional Negligence Bar Group. This involves her in organising teaching events in the area of professional negligence and ensuring members of Faculty are up to date in this area.

Contributing Editor to the Reparation Bulletin on Medical Negligence produced by W Green. Involves reporting and commenting on current medical negligence cases.

Junior Counsel to the Vale of Leven Hospital Inquiry set up by the Scottish Ministers and Chaired by Lord Maclean. The Inquiry is investigating the deaths associated with C difficile infection at The Vale of Leven Hospital in Dumbarton.

Member of the No Fault Compensation Review Group, chaired by Professor Sheila McLean, February 2011.

Appointed Queen’s Counsel, September 2016.

Court & Tribunal Experience

Lauren has experience in the UK Supreme Court, Court of Session (Inner and Outer House) including proofs, judicial review hearings, jury trials and procedure rolls and in the Sheriff Court. She has appeared at the Solicitors Disciplinary Tribunal. She has been involved in one of the few medical negligence jury trials to proceed to trial. She was involved in the Planning Inquiry in respect of the Glasgow Airport Rail link.

Publications, Lectures & Articles

Lauren has written and lectured extensively in the area of personal injury and medical negligence. She is the author of ‘A Guide to Consent in Clinical Negligence Post-Montgomery’ published by Law Brief Publishing (2018), contributing editor of Green’s Reparation Bulletin on Medical Law and wrote the chapter on Medical Law and Human Rights in Greens Human Rights Loosleaf. She has been the Secretary of the Professional Negligence Bar Group for many years.

Lauren has been asked to lecture on a number of different topics in the field of personal injury and medical negligence since going to the Bar. She has given lectures for a number of different organisations including the Scottish Young Lawyers, The Legal Services Agency, The Law Society and Glasgow Graduate School.

Published book

Published Articles

Since coming to the Bar she has published a number of Articles in the area of Personal Injury and Medical Negligence. She is also a Contributing Editor to the Reparation Bulletin and produces regular reviews and comment on cases decided in the area of medical negligence.

A relationship of Mutual Trust Is Pregnancy a Personal Injury? (1996 )

A Single Standard of Care (1995 )

“No Fishing” Recovery of Medical Records pre litigation (1995)

The Brain Damaged Baby (1995)

Failed Sterilisation (1995)

Multipliers Multiplied – Wells and McNulty (1999 )

The blessing of the unplanned pregnancy – MacFarlane in the House of Lords (2000)

Recovery of Damages for a ‘seriously handicapped’ child – The Case of Rand (2011)

Teaching Experience

Lauren has previously lectured on Law and Ethics at Dundee Dental School covering issues of consent to medical treatment. She has lectured on Law and Ethics to Medical Students at Glasgow University. She taught on a course organised for the MDDUS on preparation of medical reports for court and giving evidence in court.

Regular written Contributions

Contributing Editor on Medical Law and Medical Negligence to the Reparation Bulletin published by Greens (contributed since 1995)

Contributor of the Chapter on Medical Law and Human Rights to the Greens Scottish Human Rights Service

Contributed to Medneg.com medical negligence on line service

Work in progress

Lauren is currently writing a personal injury book for Green’s the Scottish Law publishers entitled ‘Children in Personal Injury in Scotland’. This book will cover a wide range of topics including issues of consent, contributory negligence, Occupiers Liability, Schools, baby cases and quantum.